Preproposal statement of inquiry was filed as WSR 04-01-184.
Title of Rule: The department is proposing to amend the following sections: WAC 16-301-365 Bean seed quarantine -- Establishing quarantine, 16-301-375 Regulated articles, 16-301-380 Regulated diseases, 16-301-395 General requirements for planting bean seed in the regulated area, 16-301-410 Additional requirements for planting bean seed in quarantine Area I, 16-301-415 Additional requirements for planting bean seed in quarantine Area II, 16-301-420 Quarantine -- Exceptions and exemptions, 16-301-430 Identification and disposition of diseased bean seed and infected bean fields, 16-301-435 Notice of destruction and 16-301-440 Penalties; and repealing WAC 16-301-450 Bean seed-borne viral disease quarantine -- Establishing the quarantine, 16-301-455 Bean seed-borne viral disease quarantine -- Regulated articles, 16-301-460 Bean seed-borne viral disease quarantine -- Regulated disease, 16-301-465 Bean seed-borne viral disease quarantine -- Quarantine area, 16-301-470 Bean seed-borne viral disease quarantine -- Regulated area, 16-301-475 Bean seed-borne viral disease quarantine -- Requirements for planting bean seed in the regulated area, 16-301-480 Bean seed-borne viral disease quarantine -- Identification and disposition of diseased bean seed, and 16-301-485 Bean seed-borne viral disease quarantine -- Penalties.
Purpose: This proposal is intended to simplify the bean seed quarantine requirements for Washington state by creating one quarantine rule, simplifying compliance and reporting requirements, and adding clarifying language that clearly defines the diseases that are regulated by the quarantine.
Statutory Authority for Adoption: RCW 15.49.310, 17.24.041, 17.24.011 and chapter 34.05 RCW.
Statute Being Implemented: RCW 17.24.041.
Summary: In response to an industry request, WSDA proposes amending WAC 16-301-365 through 16-301-440 and proposes repealing WAC 16-301-450 through 16-301-485 to create one bean quarantine rule that will simplify the compliance and reporting requirements of the quarantine while adding clarifying language concerning the diseases regulated by the quarantine.
Reasons Supporting Proposal: The proposed amendments will make quarantine requirements easier to understand and will make quarantine reporting requirements easier and more convenient for Washington bean seed producers, which will increase voluntary compliance with the bean seed quarantine.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Victor Shaul, Operations Manager, Yakima, (509) 225-2630.
Name of Proponent: Washington State Department of Agriculture, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Title of Rule above.
Amending and repealing the rule sections listed above will allow the department to
• Combine the two existing bean seed quarantines into one rule;
• Simplify compliance and reporting requirements;
• Add language that clarifies the diseases regulated under the quarantine;
• Improve industry's understanding of Washington's bean seed quarantine rules; and
• Promote voluntary compliance within the regulated community.
Proposal Changes the Following Existing Rules: See Title of Rule above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. WSDA has concluded that its proposed amendments to its bean seed quarantine rules do not impose any new costs on business; in fact they may reduce industry's record-keeping, reporting, and compliance costs. Therefore, a formal small business economic impact statement as discussed in chapter 19.85 RCW is not required.
RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in RCW 34.05.328 (5)(a)(i).
Hearing Location: Washington State Department of Agriculture, 21 North First Avenue, Suite 103 Conference Room, Yakima, WA 98902, on March 23, 2004, at 11:00 a.m.
Assistance for Persons with Disabilities: Contact Virginia Walsh by March 16, 2004, TDD (360) 902-1996 or (360) 902-1976.
Submit Written Comments to: George Huffman, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2085 by 5:00 p.m. March 23, 2004.
Date of Intended Adoption: March 31, 2004.
February 18, 2004
Robert W. Gore
AMENDATORY SECTION(Amending WSR 00-24-077, filed 12/4/00, effective 1/4/01)
WAC 16-301-365 Bean seed quarantine -- Establishing quarantine. The production of edible beans and bean seed is an important industry in the state of Washington. The economic well-being of that industry is threatened by the introduction of bean seed contaminated with ((
bacterial (( and)), fungal (( diseases not established in the
commercial production areas in Washington)) and seed-borne
viral pathogens. The director has determined that a
quarantine (( will be effective in preventing the introduction
of these viral, bacterial and fungal diseases of beans, and
that control of these diseases of beans will)) is needed to
protect the Washington dry bean industry and to provide the
bean growers of (( the)) this state (( of Washington with)) a
source of bean seed (( beans)) for planting purposes (( which
are)) that is tested for the presence of these diseases.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-365, filed 12/4/00, effective 1/4/01.]
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-375, filed 12/4/00, effective 1/4/01.]
Halo blight (Pseudomonas syringae pv. phaseolicola (Young et. al.))
Common bean blight (Xanthomonas campestris pv. phaseoli (Smith) Dye)
Fuscous blight (Xanthomonas phaseoli var. fuscans (Burk.))
Bean anthracnose disease (Colletotrichum lindemuthianum (Sacc. & Magn.) Scrib.)
Brown spot disease (Pseudomonas syringae pv. syringae (Van Hall)) strains virulently pathogenic to Phaseolus
Bean bacterial wilt (Corynebacterium flaccumfaciens ssp. flaccumfaciens (Hedges) Dows.)
Seed-borne viral diseases of beans, such as, but not limited to, bean common mosaic virus and its strains are regulated under the terms of this quarantine.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-380, filed 12/4/00, effective 1/4/01.]
(2) The department shall be notified in writing, prior to
shipping, of any person's intent to ship, move, or transport
any bean seed into the regulated area. ((
A copy of the
official certificate issued for that bean seed must accompany
this notice of intent.)) All bean seed to be planted in the
regulated area must have a Notice of Intent/Quarantine
Compliance form filed with the WSDA seed program. A copy of
the field inspection report or other proof of freedom from
specified diseases based on one field inspection and one
windrow inspection or negative results from an approved
laboratory test must accompany this form. In addition, a copy
of the laboratory analysis (ELISA) showing freedom from
regulated viral diseases issued for that bean seed must
accompany this Notice of Intent/Quarantine Compliance form.
Proof of I-gene resistance may be provided in lieu of
laboratory analysis (ELISA).
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-395, filed 12/4/00, effective 1/4/01.]
(1) The bean variety (cultivar) is known to be uniform for the dominant I-gene. Documentation of evidence of uniformity must accompany the seed shipment. Undocumented cultivars are subject to serology and/or grow out testing to determine freedom from bean seed-borne viral diseases.
(2) The bean seed has been tested by the serology method (ELISA) and is found to be free from bean seed-borne viral diseases.
(3) The bean seed is tested by the serology method and is found to be positive for seed-borne viral diseases and on a subsequent grow out test, the sample is found free from bean seed-borne viral diseases.
(4) All serology tests are based on an official five-pound sample of untreated bean seed for each fifty thousand pounds of bean seed or fraction thereof.
(2) Bean seed planted for seed increase or with intention of seed increase must be planted in fields entered into either the Washington state bean seed phyto-sanitary certificate inspection program or the Washington state seed certification inspection program as provided in WAC 16-302-045 and 16-301-235.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-410, filed 12/4/00, effective 1/4/01.]
(2) Bean seed, up to a maximum of one pound per variety,
may be planted in an approved trial ground intended for
research purposes, with notification to the department,
plant certification)) seed program, of intent to plant and
adherence to the inspection procedures in WAC 16-301-425 and
such isolation and other requirements as the director may
(3) Bean seed over one pound, intended for introduction
or seed increase, must first be planted in an approved trial
ground not to exceed fifteen acres for each variety. The
trial ground must be isolated from other beans by 1/4 mile. In addition, prior to planting, this bean seed must pass a
laboratory/greenhouse test as recommended by the university;
notification must be given to the department, ((
certification)) seed program, of intent to plant; and
inspection procedures in WAC 16-301-425 must be complied with
for trial grounds.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-415, filed 12/4/00, effective 1/4/01.]
(2) This quarantine does not apply to the shipment, movement, or transportation of beans prepackaged in packages of eight ounces or less for home garden use in the regulated area if the beans are free of diseases.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-420, filed 12/4/00, effective 1/4/01.]
(a) Fields that are placed under a quarantine order must be entered into the Washington state bean seed phyto-sanitary inspection program as provided in WAC 16-301-235 with all costs of inspection to be borne by the grower or the grower's agent.
(b) Fields that are placed under a quarantine order may be subject to additional requirements for inspection, control or isolation, as deemed necessary by the director, to prevent the spread of regulated diseases.
(2) Any bean field determined to be infected with a
regulated disease must be reported within seventy-two hours
after discovery to the department, ((
(3) The department encourages the aid of all interested parties, including growers and seed company representatives, in the prompt reporting of suspected infected bean fields in order that timely investigation may be made.
(4) Any bean fields within the boundaries of the regulated area which show contamination by a regulated disease, as provided in subsection (5) of this section, must be destroyed in part or in total as may be required to eliminate the disease, by or at the expense of the grower or their responsible agents. The director may authorize any other method of control at the director's discretion. The director must notify the grower, seed company representatives and/or the grower's landlord of the method and extent of the destruction and safeguards against disease spread in order for the parties to comply.
(5) The identity of a regulated disease on growing plants or plants in windrow is based on the observance of the visual symptoms of the disease. If the department deems it necessary to establish true identity or pathogenically, a laboratory and/or greenhouse test may be conducted by the department in cooperation with the university. Testing is subject to provisions provided in WAC 16-301-396 (3) and (4), the results of which will be used to determine final disposition.
(a) In cases of disagreement concerning the presence of a regulated disease between the department plant pathologist and a qualified plant pathologist representing the commercial company or grower, the definitive verification of identity or pathogenically must be determined by isolation of the suspected pathogen and inoculation of seedlings of a known susceptible host using accepted scientific and professional techniques.
(b) Until verification of the suspected pathogen as specified in this section is completed, the involved planting must be placed under quarantine for a period of thirty days subject to conditions and review or extension as determined by the director. Entry into the quarantined area is to be restricted to the grower or grower's agents, department employees, and/or persons authorized in writing by the director. Persons granted entry into the quarantined area will be required to take all necessary sanitary precautions as prescribed by the director to safeguard against the possible spread of the suspected regulated disease.
(6) The true identity of the regulated disease when found in or on seed is based on testing methods recommended by the university results of which, when positive, is evidence to identify the disease as being subject to the department's requirements. The owner of the seed, at owner's expense, may request verification of pathogenicity. Such verification must be made using accepted scientific and professional techniques.
(7) When the director determines that it is probable, based on visual symptoms and serological analysis, that a seed field may be infected with bean seed-borne viral diseases and determines that a threat of infection of other fields exists, the director may prescribe aphid control or other requirements, through a notice of destruction as provided in WAC 16-301-435, deemed necessary to prevent infection of adjacent properties.
(8) All bean seed that is determined to be contaminated by bean seed-borne viral diseases and which does not meet the requirements of WAC 16-301-395(2) must be destroyed or diverted to dry edible or other nonseed purposes. For seed that is diverted to dry edible or other nonseed purposes, documentation of disposition of the seed must be provided to the department of agriculture upon request.
(9) Exemptions and special situations:
(a) Any field of beans first found infected during windrow inspection, is exempt from total destruction if the diseased portion and an area (not less than a fifty-foot radius) surrounding the infected site is promptly destroyed or harvested with the beans from the infected area directed, under department supervision, to processing. Seed from the remainder of the field must be tested by a serology test. Only seed apparently free from regulated diseases may be used for seed purposes in the regulated area.
(b) Any field of beans to be used only for dry edible purposes is exempt from destruction if the diseased portion of the field is destroyed and the entire crop residue is promptly and completely destroyed after harvest.
(c) Beans for processing or fresh consumption are exempt from destruction if the diseased portion of the field is destroyed or harvested within ten days after first detection and/or verification as provided in subsection (4) of this section and the crop residue is promptly and completely destroyed after harvest.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-430, filed 12/4/00, effective 1/4/01.]
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-435, filed 12/4/00, effective 1/4/01.]
(2) In addition to actions specified in WAC 16-301-430,
any grower violating the terms of this ((
is subject to civil and/or criminal penalties provided in
chapters 15.49 and/or 17.24 RCW.
[Statutory Authority: RCW 15.49.005, 15.49.081, 15.49.310, 15.49.370(3) and chapter 17.24 RCW. 00-24-077, § 16-301-440, filed 12/4/00, effective 1/4/01.]